12 2 STA T .48 8 5PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 2008 (4)thesp ee da t w h ic h r ai l r o ad trac k i n spection v ehicles operate and the scope o f the territor y they g enerally cover allow for proper inspection of the track and whether s u ch speed and appropriate scope should b e regulated by the S ec - retary . (b) CONSIDERAT IONS. —I n conducting the study the Secretary shall consider— ( 1 ) the m ost current rail flaw , rail defect growth, rail fatigue, and other relevant track- or rail-related research and studies
( 2 ) the availability and feasibility of developing and imple- menting new or novel rail inspection technology for routine track inspections; ( 3 ) information from N ational T ransportation Safety B oard or F ederal R ailroad A dministration accident investigations where track defects were the cause or a contributing cause; and (4) other relevant information, as determined by the Sec- retary. (c) UP DATE O F RE GUL ATIONS.—Not later than 2 years after the completion of the study re q uired by subsection (a), the Secretary shall prescribe regulations based on the results of the study con- ducted under subsection (a). (d) CON C RETE CROSS TIES.—Not later than 1 8 months after the date of enactment of this Act, the Secretary shall promulgate regulations for concrete cross ties. In developing the regulations for class 1 through 5 track, the Secretary may address, as appro- priate— (1) limits for rail seat abrasion; (2) concrete cross tie pad wear limits; (3) missing or broken rail fasteners; (4) loss of appropriate toeload pressure; (5) improper fastener configurations; and ( 6 )e x cessive lateral rail movement. SEC.40 4.S TUDYOFM ET H ODS TO I M PR O V E OR CORRECT ST A TIO N P L ATFORM G APS. Not later than 2 years after the enactment of this Act, the Secretary shall complete a study to determine the most safe, effi- cient, and cost-effective way to improve the safety of rail passenger station platforms gaps in order to increase compliance with the requirements under the Americans with D isabilities Act (42 U.S.C. 121 0 1 et seq.), including regulations issued pursuant to section 504 of such Act (42 U.S.C. 12204) and to minimi z e the safety risks associated with such gaps for railroad passengers and employees. SEC. 40 5 . LOCOMOTIVE CA B STUDIES. (a) IN G ENERAL.—Not later than 1 year after the date of enact- ment of this Act, the Secretary, through the Railroad Safety Advisory Committee if the Secretary makes such a request, shall complete a study on the safety impact of the use of personal elec- tronic devices, including cell phones, video games, and other dis- tracting devices, by safety-related railroad employees (as defined in section 20102(4) of title 4 9 , United States Code), during the performance of such employees ’ duties. The study shall consider the prevalence of the use of such devices. Deadlin e .49USC201 0 3 n ot e. Deadline. R e gu lation s .
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